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(영문) 의정부지방법원 고양지원 2016.03.30 2015고단3484

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2002, the Defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law at the government branch of the Seoul District Court's Seoul District Court's 8 months of imprisonment for the crime of violation of road traffic law, and 3 times of imprisonment for the same kind except for those sentenced to one year of suspension of execution, and on August 27, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law (non-licenseless driving).

On October 31, 2015, the Defendant driven Bone Star Co., Ltd in the state of alcohol content of about 0.100% in the blood alcohol content from the Dlim apartment parking lot located in 2152 o, 39, Gandong apartment at 2152 to the Hanyang apartment distance located in front of the above apartment at approximately 150 meters away from the Dlim apartment parking lot at 2152, Kandong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions: Application of Acts and subordinate statutes of 5 copies of inquiries about criminal history, investigation reports (verification of the same kind of force), written judgment and summary order;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 148-2 (2) 2 and 44-2 (1) (Options of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, even though he/she had a large number of alcohol drivers, was driving a drinking again without any special reason.

However, the defendant is trying to start a new life with the matrimonial engagement and shows an attitude against the crime of this case.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.